Regular bail application by the husband accused in a dowry death case registered under sections 304B and 34 IPC. The court weighed FIR allegations against the postmortem finding that death was caused by antemortem injuries from a hard and blunt object, found the allegations serious, and rejected bail, directing expedited trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13427 of 2024
Arising Out of PS. Case No.-190 Year-2023 Thana- TEKARI District- Gaya
======================================================
Pankaj Kumar Son of Vijay Yadav Resident of Village- Titaiganj, Dahiyar Tola, Police Station- Tekari, District-Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP For the informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 12-03-2024
grant of regular bail in connection with Tekari P.S.Case no.190 of 2023 registered under sections 304B and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.13427 of 2024(2) dt.12-03-2024 2/3
petitioner that the petitioner has been falsely implicated in the case only for the reason he happens to be the husband of the deceased. It is not a case where she was assaulted and after the occurrence the body disposed of. It was an accidental fall from the roof of the house while she had gone to dry the clothes. There are a number of circumstantial evidence which has transpired in course of investigation which would show the innocence of the petitioner. The petitioner is in custody since 21.3.2023, he has no criminal antecedent and chargesheet has been submitted in the case. With reference to paragraph no.10 of the petition it is further submitted that it was in the hospital itself that the relative of the deceased came and saw her being treated upon.
Patna High Court CR. MISC. No.13427 of 2024(2) dt.12-03-2024 3/3
the petitioner being the husband of the deceased together with cause of death in the postmortem report being antemortem injuries caused by hard and blunt object, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Bibhash/-
U T
1 issue framed by the court
Whether the husband accused of dowry death under section 304B IPC should be granted regular bail given the postmortem findings of antemortem injuries from a hard and blunt object.
1 provisions across 1 enactments
Pankaj Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
